65 Butterfield v. Chicago Title Insurance
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A California Limited partnership (Butterfield), brought an action on a title insurance policy issued by respondent Chicago Title Insurance Company (Chicago) after the County of Riverside (County) claimed an easement on property owned by Butterfield. The lower court ruled there was no coverage under the policy, and, in any event, the statute of limitations had expired. The court also awarded Chicago its expert costs and attorney fees pursuant to section 998 and former section 1021.1 of the Code of Civil Procedure. The appellate court affirmed the judgment based on the statute of limitations and upheld the award of fees and costs.